Court Orders Judgment Against CESAR CABALLERO in infringement case
THE UNITED STATES DISTRICT COURT HEREBY FOUIND THAT,
for the reasons set forth in the Tribe’s moving papers, no genuine issue of material fact exists, and the Tribe is entitled to partial summary judgment in its favor, as to the Tribe’s First, Second, Fourth, and Fifth Causes of Action, and as to its unfair competition claim under its Third Cause of Action, and to an order entering a permanent injunction against Defendant Cesar Caballero.
IT WAS ORDERED THAT a permanent injunction hereby issues, effective immediately, as follows: Caballero and any other persons or entities acting under his direct control or at his direction are permanently enjoined and restrained from:
- a. Reproducing, copying, counterfeiting, colorably imitating, or otherwise using in any way without the express written consent of the Tribe, the Marks.
- b. Registering or applying to register any of the Marks anywhere in the world.
- c. Opposing, bringing any action against, contesting or challenging the validity of, or the Tribe’s use or ownership of, any of the Marks or any of the Tribe’s application(s) to register or registration(s) for any of the Marks anywhere in the world.
- d. Circulating advertising or promotional literature, or advertising any product or service, bearing the Marks.
- e. Representing that Caballero is in any way associated or affiliated with, or authorized, approved, or licensed by, the Tribe.
- f. Representing that Caballero has ownership of, authority or control over, or entitlement to, the Tribe’s personal property, real property, artifacts or human remains, trust land held for the Tribe, assets of any kind, members, government or business operations, business ventures, customers, employees, officers, or agents of the Tribe, including, but not limited to, those of the Shingle Springs Community Health Clinic and/or the Red Hawk Casino.
- g. Running, or otherwise distributing any television, radio, print, Internet, electronic correspondence or other ads containing the Marks.
- h. Using the Marks on <ShingleSpringsReservation.com>, <ShingleSpringsMiwokTribe.com>, <ShingleSpringsReservation.org>, <ShingleSpringsRancheria.org>, <ShingleSpringsMiwokTribe.org>, <ShingleSpringsIndianReservation.com>, <RedHawkCasino.info>, <RedHawkCasino.net>, <RedHawkCasino.org>, <ShingleSpringsReservation.info>, <ShingleSpringsReservation.biz>, <ShingleSpringsMiwokTribe.info>, <facebook.com>, <Myspace.com>, <Photobucket.com>, including but not limited to “championindian’s album,” <www.championindian.com>, <wildfireprotest.org>, <mewuktribe.com> <Twitter.com>, including but not limited to the Myspace AmericanIndians, MiwokTribe and ChampionIndian pages, <YouTube.com>, including but not limited to the Miwok Promotions channel, and any other websites or web pages in Caballero’s control.
- i. Registering, trafficking, or using any domain name incorporating the Marks or any variation or derivative thereof, singly, or in combination with any other word or symbol, or any other domain name confusingly similar to the Marks, including, but not limited to, any domain name containing, regardless of capitalization, “ShingleSpringsMiwokTribe,” “ShingleSpringsReservation,” “ShingleSpringsRancheria,” “ShingleSpringsIndianReservation,” “RedHawkCasino,” and all Caballero’s present active and inactive domain names, or those of his affiliates, that incorporate the Marks;
- j. Using any DVDs that use the Marks.
- k. Distributing in any manner any video, audio, or image that uses the Marks, or causing or permitting anyone to use his voice, name or likeness in connection with any video, audio, or image that uses the Marks.
- l. Using any publicity and marketing materials, including flyers, pamphlets, and other such materials that contain instances of the Marks.
- m. Using any plaques or other signs that contain the Marks.
- n. Using the Marks on any deeds, titles, contracts, public records, or other such documents, including but not limited to any fictitious business name statement, business license, or tax identification document anywhere in the world.
- o. Holding or using a bank account, checks, credit card, debit card or other financial product under any name containing the Marks.
- p. This injunction does not preclude Mr. Caballero from petitioning the Department of Interior for federal recognition for any tribal entity he represents, so long as he does not misrepresent that he is authorized to speak or act for the Tribe;
IT WAS FURTHER ORDERED THAT Caballero shall:
- a. Deliver for destruction all articles of merchandise, displays, signs, plaques, advertisements, packaging, brochures, order forms, price lists, or any other materials in Defendant’s possession or control or in the possession or control of Defendant’s agents which bear the marks “Shingle Springs Band of Miwok Indians,” “Shingle Springs Rancheria,” “Shingle Springs Reservation,” “Shingle Springs Gaming Commission,” “Red Hawk Casino,” or any other confusingly similar marks.
- b. Abandon, withdraw, or otherwise terminate the legal effect of any fictitious business name statements, business licenses, public records, or other such documents that he may have filed in any jurisdiction, as to which he has used “Shingle Springs Band of Miwok Indians,” “Shingle Springs Rancheria,” “Shingle Springs Reservation,” “Shingle Springs Gaming Commission,” “Red Hawk Casino,” or any other confusingly similar name.
- c. Close any bank account, credit card account, debit card account, or other account held under any name containing the Marks, including but not limited to accounts held with El Dorado Savings Bank, JPMorgan Chase Bank, N.A., and Washington Mutual under the name “Shingle Springs Band of Miwok Indians” or “Shingle Springs Band of Miwok Tribe,” or permanently change all names and account titles associated with such accounts to names that do not contain the Marks; destroy all checks, credit cards, and debit cards that bear any name or account title containing the Marks; and destroy all documents associated with those accounts that bear any name or account title containing the Marks or permanently redact all instances of the Marks from such documents.
- d. Remove the Marks from any websites or web pages in Caballero’s control, including but not limited to removing “www.shinglespringsreservation.info” from the “championindian” Twitter page, available at <https://twitter.com/championindian>.
- e. Take any action available under the law, including but not limited to asserting and enforcing rights under California Civil Code, section 3344, or any other law prohibiting use of his name, voice, or likeness without his consent, to prevent distribution and display of any video, advertisement, or other material containing the Marks.
IT IS FURTHER ORDERED THAT Caballero must transfer to the Tribe, at his own cost, the following domain names (“Infringing Domains”):
Read the full Court order here: http://docs.justia.com/cases/federal/district-courts/california/caedce/2:2008cv03133/186134/259/0.pdf?ts=1360401191
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